1988 Ed.] The Rules of the Supreme Court-Order 17
[CAP. 4
A 59
[Subsidiary]
Mode of application (O. 17, r. 3)
3. (1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action.
(2) Where the applicant is a bailiff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4), the summons must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.
(3) An originating summons under this rule shall be in Form No. 10 in Appendix A.
(4) Subject to paragraph (5), a summons under this rule must be supported by evidence that the applicant-
(a) claims no interest in the subject-matter in dispute other than for charges or costs,
(b) does not collude with any of the claimants to that subject-matter, and
(c) is willing to pay or transfer that subject-matter into court or to dispose of it as the Court may direct.
(5) Where the applicant is a bailiff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the Court to do so.
(6) Any person who makes a claim under rule 2 and who is served with a summons under this rule shall within 14 days serve on the execution creditor and the bailiff an affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.
(7) Where the applicant is a bailiff a summons under this rule must give notice of the requirement in paragraph (6).
Powers of Court hearing summons (O. 17, r. 5)
5. (1) Where on the hearing of a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as "the claimants") appear, the Court may order-
(a) that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order, or
(b) that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.
App. A. Form 10.
1988 Ed.] The Rules of the Supreme Court-Order 17
[CAP. 4
A 59
[Subsidiary]
Mode of application (O. 17, r. 3)
3. (1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action.
(2) Where the applicant is a bailiff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4), the summons must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.
(3) An originating summons under this rule shall be in Form No. 10 in Appendix A.
(4) Subject to paragraph (5), a summons under this rule must be supported by evidence that the applicant-
(a) claims no interest in the subject-matter in dispute other
than for charges or costs,
(b) does not collude with any of the claimants to that subject-
matter, and
(c) is willing to pay or transfer that subject-matter into court
or to dispose of it as the Court may direct.
(5) Where the applicant is a bailiff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the Court to do so.
(6) Any person who makes a claim under rule 2 and who is served with a summons under this rule shall within 14 days serve on the execution creditor and the bailiff an affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.
(7) Where the applicant is a bailiff a summons under this rule must give notice of the requirement in paragraph (6).
Powers of Court hearing summons (O. 17, r. 5)
5. (1) Where on the hearing of a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as "the claimants") appear, the Court may order-
(a) that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order, or
(b) that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.
App. A. Form 10.
No comments yet.
Private notes are available after approval.